New York State Assembly

 
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A10201 Summary:

A10201 Actions:

A10201 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:Peoples-Stokes      
DATE:04/16/2018AYE/NAY:12/0  Action: Favorable refer to committee Codes        
Peoples-Stokes
Aye
Johns
Aye
Galef
Aye
Goodell
Aye
Glick
Aye
Lalor
Aye
Kim
Aye
Byrne
Aye
Buchwald
Aye
Bichotte
Aye
Blake
Aye
Hyndman
Aye
Williams
Excused

Committee:CODES   Chair:Lentol      
DATE:04/23/2018AYE/NAY:20/0  Action: Favorable         
Lentol
Aye
Curran
Aye
Schimminger
Absent
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
Titus
Aye
Garbarino
Aye
O'Donnell
Absent
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye

A10201 Floor Votes:

A10201 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10201--A
                                                                Cal. No. 822
 
                   IN ASSEMBLY
 
                                     March 22, 2018
                                       ___________
 
        Introduced  by  M.  of A. SKOUFIS, WEPRIN, STERN, SIMON -- read once and
          referred to the Committee on Governmental Operations --  reported  and
          referred  to  the  Committee  on Codes -- advanced to a third reading,
          passed by Assembly and delivered to  the  Senate,  recalled  from  the
          Senate,  vote reconsidered, bill amended, ordered reprinted, retaining
          its place on the order of third reading
 
        AN ACT to amend the executive law, in relation to establishing and main-
          taining an emergency evacuation plan for individuals with disabilities
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  executive  law is amended by adding two new sections
     2  378-a and 378-b to read as follows:
     3    § 378-a. Standards for emergency planning and preparedness.  1.    (a)
     4  The state fire prevention and building code council shall update chapter
     5  four  of  the  New  York state fire code, titled "Emergency planning and
     6  preparedness", to ensure emergency evacuation drills,  fire  safety  and
     7  emergency  evacuation  plans, employee training and response procedures,
     8  hazard communication, and use and  occupancy-related  standards  address
     9  the  needs  of  individuals  with  disabilities. The process of updating
    10  chapter four of the New York state fire code as it pertains to the needs
    11  of persons with disabilities shall be  done  in  consultation  with  the
    12  independent  agency  as  described  in  subdivision  (b) of section five
    13  hundred fifty-eight of this chapter.
    14    (b) Provided however, any tenant or resident of a building who is  not
    15  an  employee  of such building shall not be required to evacuate persons
    16  with disabilities or assist with such evacuation  and  shall  be  exempt
    17  from  personal liability for the failure to evacuate a disabled individ-
    18  ual if he or she acted in good faith.
    19    2. The state fire prevention and building code council  shall  promul-
    20  gate  regulations  to  require  the following elements to be included in
    21  each emergency evacuation plan:
    22    (a) procedures for evacuating individuals with  disabilities.  Munici-
    23  palities  with  a  population of one million or more are exempt from the
    24  procedures promulgated pursuant to this paragraph if such municipalities
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02752-09-8
        A. 10201--A                         2
 
     1  have ordinances, rules, codes or regulations that establish substantial-
     2  ly equivalent procedures for evacuating individuals with disabilities;
     3    (b)  a  list  of  individuals  with disabilities who have notified the
     4  owner or managing agent that they are disabled and would require assist-
     5  ance in the event of an emergency. The list shall include the floor  and
     6  room  number  that  the individual with a disability occupies within the
     7  building. Such list shall only be maintained for the purpose of an emer-
     8  gency evacuation, and shall not be disseminated for any other purpose;
     9    (c) a notification mechanism to the occupants that a list  of  persons
    10  with  disabilities  in need of assistance in case of an emergency exists
    11  and is maintained by the owner or managing agent and the method by which
    12  occupants can place their name on such list;
    13    (d) the location and type of evacuation assistance devices  or  assis-
    14  tive technologies that are available within the building; and
    15    (e)  areas  of  rescue.  These areas shall be identified by signs that
    16  state "Area of Rescue Assistance" and display the  international  symbol
    17  of  accessibility.  Lettering  must be permanent and comply with federal
    18  Americans with Disabilities Act guidelines.
    19    3. The creation, possession or maintenance of a list of disabled indi-
    20  viduals by a building owner or managing agent as required by  paragraphs
    21  (b)  and  (c) of subdivision two of this section shall not be considered
    22  prima facie evidence of an unlawful discriminatory  practice  prohibited
    23  under section two hundred ninety-six of this chapter.
    24    §  378-b.  Emergency evacuation plan. 1. Notwithstanding any provision
    25  of law to the contrary, it shall be the duty of every owner of  a  high-
    26  rise  building, as defined in section four hundred three of the building
    27  code of New York state, to establish and maintain  an  emergency  evacu-
    28  ation  plan  as  provided  for in regulations issued pursuant to section
    29  three hundred seventy-eight-a of this article.
    30    2. Such owner shall make the plan available in a large-print  document
    31  (18-point font size or larger) and Braille (Grade II) upon request to:
    32    (a) local law enforcement and fire safety personnel; and
    33    (b) employees, tenants, or guests located in the high-rise building.
    34    3.  A  copy  of  such plan shall be maintained at all times in a place
    35  easily accessible by  law  enforcement  and/or  fire  safety  personnel,
    36  including  but  not limited to the management office, the security desk,
    37  in the vicinity of the firefighter's elevator recall key, the life safe-
    38  ty panel, or the fire pump room. In the absence of any of the  locations
    39  listed  in  this subdivision, a copy of such plan shall be posted in the
    40  front entry of the building.
    41    4. On an annual basis, every high-rise  building  owner  shall  update
    42  such  emergency  evacuation  plan  and  provide  occupants with a notice
    43  detailing the provisions of the emergency evacuation plan.
    44    5. A copy of such plan shall be filed with  the  department  of  state
    45  within  one  year  of the effective date of this section, and an updated
    46  emergency evacuation plan shall be filed with the  department  of  state
    47  annually thereafter.
    48    6.  Owners  located  in  municipalities  with a population of over one
    49  million are exempt from the provisions of this section if  such  munici-
    50  palities  have  ordinances,  rules,  codes or regulations that establish
    51  emergency evacuation procedures specifically for people  with  disabili-
    52  ties in high-rise buildings.
    53    7.  Knowing  failure  to comply with any provision within this section
    54  shall be punishable by a civil penalty of up to five hundred dollars.
    55    § 2. Section 296 of the executive law  is  amended  by  adding  a  new
    56  subdivision 22 to read as follows:
        A. 10201--A                         3
 
     1    22. Nothing in this section shall prohibit the owner or managing agent
     2  of a building from creating, possessing or maintaining the list of indi-
     3  viduals with disabilities required pursuant to paragraphs (b) and (c) of
     4  subdivision  two  of section three hundred seventy-eight-a of this chap-
     5  ter.
     6    §  3.  This  act shall take effect on the ninetieth day after it shall
     7  have become a law; provided, however,  that  high-rise  building  owners
     8  shall  have one year from the effective date of this act to establish an
     9  emergency evacuation plan.